Peaceful Mall Merchant Service Agreement
(中文版)Effective Date: June 09, 2023
You are welcome to sign this Peaceful Mall Merchant Services Agreement (hereinafter referred to as "this Agreement") with the Peaceful Mall Merchant Service Provider (as defined in the Terms and Conditions) and use the Peaceful Mall Merchant Services!
Before you use the Peaceful Mall Merchant Services ("Service"), you should read and agree to abide by this Agreement, which includes the body of the Agreement and attachments, the “Business Practices And Consumer Protection Act” of British Columbia, and all Peaceful Mall related rules (see Definitions for details).
The keywords listed in the index before certain terms are intended only to help you understand the subject matter of the terms and do not affect or limit the meaning or interpretation of the terms of this Agreement. To protect your own rights and interests, we strongly advise that you read the specifics of all conditions carefully.
You should read this Agreement in its entirety (especially the clauses that exclude or limit liability, termination of the Agreement, liability for breach of contract, dispute resolution, etc. underlined and bold) before you agree to this Agreement in the shop creation process. If you have any questions about the Agreement, you can ask Peaceful Mall Customer Service and Peaceful Mall will explain the terms and conditions to you.
When you click to sign this Agreement online, you acknowledge that you have fully read, understood, and accepted this Agreement in its entirety, and this Agreement becomes legally binding between you and Peaceful Mall. If you do not agree with any provisions listed within this Agreement or do not understand the terms accurately, you should stop the process of creating a shop or cease shop operations immediately
1. Definitions
Peaceful Mall: the e-commerce platform website (URL www.peacefulmall.com or as modified by Peaceful Mall from time to time in accordance with business needs, etc.) and clients (such as mobile software, etc.).
Merchant: the legal entity that provide goods or services at Peaceful Mall, and will be referred to as "you" in this Agreement.
Consumer: Any natural person or organization that makes purchases at Peaceful Mall and uses the purchased goods or services for consumption, also referred to as "Buyer".
Peaceful Mall Merchant Service Provider: includes [Company and Affiliate Name] and will be referred to individually or collectively as "Peaceful Mall" in this Agreement.
Merchant Services: the Internet Information Services and related software services provided by Peaceful Mall to Merchant at Peaceful Mall, where the Internet Information Services and related software services are provided by [Company and Affiliate Names]. The services under this Agreement are provided and/or terminated simultaneously and may not be ordered or used selectively by Merchant.
Rules: All rules, implementation details, product flow instructions, announcements, etc. that have been published and subsequently published in all Peaceful Mall rules channels, forums, help centres, etc.
Unique User: All accounts with identical identification information or officially verified (by Peaceful Mall) as being operated by the same individual will be considered as a unique user.
II. Scope and Effectiveness of the Agreement
2.1 [Scope of Agreement] This Agreement includes the body of the Agreement and its annexes, the “Business Practices And Consumer Protection Act” of British Columbia and all relevant rules that Peaceful Mall has issued or subsequently issued and notified you of in accordance with the law, all of which are an integral part of this Agreement and have the same legal effect as the body of this Agreement. By using the Peaceful Mall Merchant Services, you agree to all of the content of this Agreement. Unless otherwise stated or agreed, any expansion of Peaceful Mall's services or enhancement of software features for the purpose of enhancing the consumer and merchant experience, upgrading platform services, etc. will be governed by this Agreement.
2.2 [Force of Law] When you click and sign this Agreement online, it means that you have fully read, understood, and accepted this Agreement in its entirety, and this Agreement becomes legally binding between you and Peaceful Mall, and if you do not agree with any of the content of this Agreement, or if you cannot accurately understand the meaning of the terms or Peaceful Mall's interpretation of the terms, you should terminate the shop creation process or cease shop operations immediately. This Agreement is supplemental to the Peaceful Mall Platform Service Agreement, and the Peaceful Mall Platform Service Agreement shall prevail over anything not agreed to in this Agreement; if this Agreement is inconsistent with the Peaceful Mall Platform Service Agreement, this Agreement shall prevail.
III. Merchant Services and Specifications
3.1 Account Usage and Information Submission
3.1.1 [Account Use] You must use your Peaceful Mall platform account to log into Peaceful Mall in the course of using the Merchant Services, and you should keep your account and password information secure. Since your account is linked to your personal information and Peaceful Mall's business information, your account is for your personal use only. Any authorization by you, directly or indirectly, to a third party to use your Peaceful Mall account or access information under your account without Peaceful Mall's consent is void. Except to the extent Peaceful Mall is at fault, you are responsible for the results of all actions taken under your account (e.g. signing agreements online, posting and disclosing information, etc.), and actions taken through your account are considered to be your own actions or fully authorized by you. If Peaceful Mall determines that the use of your account may compromise the security of your account and/or the security of the Peaceful Mall Platform information based on the default determination process and criteria agreed to in the Peaceful Mall rules, Peaceful Mall may refuse to provide the corresponding services or terminate this Agreement. 3.1.2 [Information Submission] If you wish to use the Services under this Agreement, you must submit relevant information and supporting documents in accordance with relevant laws and regulations, relevant Peaceful Mall rules, page prompts and other requirements. You understand and agree that you are obligated to ensure that the information and materials you provide are authentic, legal, accurate, and valid, and must be updated in a timely manner if any changes occur. Based on relevant laws and regulations, platform management and other requirements, you agree that Peaceful Mall may from time to time verify the information and supporting documents submitted by you and request the submission of additional information or supporting documents for the aforementioned purposes. You understand and acknowledge that Peaceful Mall only reviews applications for merchant information, supporting documentation, shop creation, etc. at a level generally known to the general public, and that Peaceful Mall is not responsible for any losses incurred by merchants as a result of reliance on the results of such reviews, except as otherwise required by law.
3.2 Shop Management
3.2.1 [Shop Creation] By creating a shop in Peaceful Mall, you can post information about new or used goods and/or services and make transactions with other users. Due to Peaceful Mall's management needs, you understand and agree that the unique user can only open one shop in Peaceful Mall, and Peaceful Mall can close other shops that you open in Peaceful Mall, except in cases where Peaceful Mall's relevant rules stipulate otherwise. 3.2.2 [Change of Shop Operator] Due to the indivisibility of the Shop and the Account, the change of the Shop Operator is essentially a transfer of the Shop Operator's Account, and the requirements and restrictions related to the change of the Shop Operator are subject to the Account Transfer clause in Article 3.2 of the Peaceful Mall Platform Service Agreement, i.e., since the shop is linked to yours and Peaceful Mall's business information and may be of interest to consumers, you may only change the business entity of the shop if expressly required by law, by judicial decision or with the consent of Peaceful Mall and subject to the conditions and process for changing the business entity of the shop as set out in Peaceful Mall's rules. Once your shop's business entity is successfully changed, your rights and obligations under your account will be transferred. Your shop/account may not be transferred in any other ways, otherwise Peaceful Mall may terminate the services provided to the account and has the right to hold you responsible for any breach of contract, and you will be responsible for any liability and consequences arising therefrom. 3.2.3 [Shop Shutdown] If you shut down your shop for a short period of time by taking down all of your products, you shall continue to be responsible for the delivery, return and exchange of goods, warranty repair, complaint handling, and other transaction protection for the transactions that were made before your shop was shut down. Peaceful Mall may also close your shop in accordance with the Peaceful Mall Rules if your shop continues to have no items for sale for a certain period of time. Any such closure will not affect the credit you have acquired.
3.3 Sale and Promotion of Goods and/or Services
3.3.1 [Publishing Goods and/or Services] Through the services provided by Peaceful Mall, you have the right to publish information about goods and/or services on Peaceful Mall in the form of text, images, video, audio, etc., to solicit and identify trade partners, and to conclude transactions. You represent and warrant that you have the appropriate and legal rights to the information you publish, that the information you publish and the actions you perform are in accordance with relevant laws and regulations, national/provincial mandatory standards, and this Agreement, and that you are responsible for the management of your shop and shall immediately remove any information that appears in your shop that violates the relevant national /provincial laws and regulations and this Agreement, otherwise, Peaceful Mall may delete or block the information published by you in accordance with the law or this Agreement.
3.3.2 [Prohibited Information] You are obliged to ensure that the information you publish contain none of the following:
(a) those that violate the prohibitions of national or provincial laws and regulations
(b) political propaganda, feudal superstition, obscenity, pornography, gambling, violence, terrorism or abetting crime
(c) fraudulent, false, inaccurate, or misleading information
(d) infringements of the intellectual property rights of others or illegal disclosure of business confidential and other proprietary rights of third parties.
(e) insulting, defamatory, intimidating, involving the privacy of others and other violations of the legitimate rights and interests of others (f) viruses, Trojans, web crawlers, and other malicious software and program code that may damage, tamper with, delete, affect the normal operation of any system of Peaceful Mall or secretly obtain data and personal data of Peaceful Mall and other users without authorization
(g) other information that are against the public interest or morality or are not suitable for publication on Peaceful Mall according to the provisions of the relevant Peaceful Mall agreements and rules.
3.3.3 [Prohibited Sales] You should ensure that you have the appropriate rights to the goods and/or services you publish on Peaceful Mall and that you do not sell the following goods and/or provide the following services on Peaceful Mall:
(a) prohibited or restricted by the state;
(b) that infringe on the intellectual property rights or other legal rights of others;
(c) that are expressly stated in Peaceful Mall rules, announcements, notices or separate agreements between you and other affiliated platforms that they are not suitable for sale on Peaceful Mall.
Due to the nature of the Internet, you understand and are aware that the products you publish on Peaceful Mall may be viewed and purchased by consumers located in different countries and regions around the world. Peaceful Mall will not intervene in cross-border sales that may arise if you do not specify the region to which the sale is to be made. In such cases, you must pay careful attention to the relevant laws, taxes, and other regulations of the relevant countries and regions, and ensure that you have the legal rights and qualifications to sell and not infringe on the intellectual property rights or other legal rights of others. 3.3.4 [Display, Marketing and Promotion] Peaceful Mall will display the goods and/or services you sell through Peaceful Mall and provide users with information classification, keyword search, filtering, and favourites to better match user needs, and the corresponding display results may be determined by a combination of factors such as price, sales, inventory, credit rating, brand, service level, compliance, user demand preferences and search habits, competitiveness, etc.
You have the right to decide how you want to market and promote your products and/or services, and Peaceful Mall provides you with marketing and promotional tools and may launch marketing campaigns from time to time based on market demand. Before you sign up for the above activities, you fully understand that the eligibility and effectiveness of the activities may be affected by factors such as the positioning of the activities, competitiveness of the products/shops, overall ranking, cooperation with the activities, etc. Once you choose to sign up, you promise that you will always comply with the rules and requirements related to the corresponding activities. Without Peaceful Mall's consent, you promise not to withdraw during the campaign period and to work together to ensure a good user experience and the stable and orderly development of the campaign.
3.3.5 [Trading Order Protection] You shall abide by the principle of integrity and trustworthiness, ensure that the information you publish about your goods and/or services is authentic and consistent with the real goods and/or services you sell or provide, and fulfill your trading commitments during the trading process.
You shall maintain the order of healthy competition in the Peaceful Mall marketplace, shall not disparage or denigrate your competitors, shall not interfere with any transactions or activities conducted on Peaceful Mall, shall not enhance or attempt to enhance your own creditworthiness in any improper way, and shall not interfere or attempt to interfere with the normal operation of Peaceful Mall in any manner.
3.3.6 [Taxes] It is the obligation of every citizen and enterprise to pay taxes according to the law, and you should declare your sales/turnover in excess of the legal exemption amount to the competent tax authorities in a timely and full amount.
3.4 Consumer Protection
You understand and agree that you, as the responsible subject of consumer protection, shall fulfill all obligations of consumer protection in accordance with relevant laws and regulations, the “Business Practices And Consumer Protection Act” of British Columbia and relevant rules of Peaceful Mall, including basic consumer protection services such as truthful description of goods, performance of special trading agreements, payment of deposits, etc., as specified in the “Business Practices And Consumer Protection Act” of British Columbia and relevant rules of Peaceful Mall's relevant rules shall prevail.
3.5 Dispute Resolution
[Dispute Resolution Channels] If you have a dispute with other parties in the course of a transaction at Peaceful Mall, you or any of the other parties have the right to choose the following channels to resolve it:
(a) private negotiation with the other parties;
(b) utilize the dispute mediation service provided by Peaceful Mall;
(c) request mediation by the consumer association or other legally established mediation organisation
(d) file a complaint with the relevant administrative authorities;
(e) referring to arbitration in accordance with the arbitration agreement (if any) reached with the other parties
(f) file a lawsuit with the court.
By using Peaceful Mall's Dispute Resolution Service in accordance with the Peaceful Mall Rules, you acknowledge and are willing to use Peaceful Mall's customer service ("Resolution Service") as an independent third party based on the facts of the dispute as they come to their knowledge and in accordance with the Peaceful Mall rules (including adjusting the status of the relevant order, determining that all or part of the disputed amount be paid to one or both parties to the transaction, etc.). You may discontinue Peaceful Mall's Dispute Resolution Service by choosing to resolve your dispute through the aforementioned (c), (d), (e) or (f) ("Other Dispute Resolution Channels") before Peaceful Mall's dispute resolution decision is made.
If you are not satisfied with the mediation decision, you still have the right to resolve the dispute by other dispute resolution channels, but you shall still comply with the mediation decision until a final decision is obtained through the other dispute resolution channels.
3.6 Use of Data and Authorisation of Information
3.6.1 [General Requirements] Peaceful Mall respects and protects the data rights of you and other relevant subjects in accordance with the law in relation to data generated in the course of your use of the Service. Subject to this, the rights relating to the data collected and recorded by Peaceful Mall in the course of your use of the Service and other Peaceful Mall operations are vested in Peaceful Mall and are the business confidential of Peaceful Mall and you may not, without Peaceful Mall's written consent, use such data for purposes other than those set out in this Agreement.
3.6.2 [Business Confidential] Peaceful Mall respects and protects merchant business confidential such as merchant shop transaction amounts. In order to promote your shop or its products, Peaceful Mall may disclose the total transaction amount of your shop, the transaction amount of a category or an individual product during your participation in official Peaceful Mall marketing events and may use the above information for promotional purposes.
3.6.3 [Authorised Use] To the extent permitted by law, you agree to grant Peaceful Mall the right to reproduce (e.g. synchronise display in multiple clients), modify (e.g. to adapt to mobile visuals), or modify (e.g. to adapt to mobile visuals) all information displayed on your shop on the relevant Peaceful Mall display pages, Modifications (e.g. fine-tuning to suit the visual experience on mobile), adaptations (e.g. adding design elements to the platform), translations (e.g. translating to meet the browsing needs of overseas users) and the right to sub-license to third parties for the purposes and in the manner described above.
3.6.4 [Use of Data] All rights (including copyright, trademarks, patents, trade secrets and other related rights) in all official products, technology, software, programs, data and other information (including text, icons, images, photographs, audio, video, graphics, colour combinations, layout etc.) launched by Peaceful Mall are owned by Peaceful Mall and its affiliated companies. You agree not to make commercial use of any data on Peaceful Mall other than that which you are entitled to use commercially under relevant law, including but not limited to the use of any material displayed on Peaceful Mall by other users without Peaceful Mall's written approval, by way of reproduction, distribution, or disclosure to other parties.
3.6.5 [Disclosure of Information] To the extent permitted by law, if a consumer or right holder applies to Peaceful Mall to obtain the name, ID number, address, and contact details of the operator of your shop based on a reasonable need to defend their rights by filing a complaint with the relevant authorities or taking the matter to court, you agree that Peaceful Mall may disclose the aforementioned information.
3.6.6 [Protection of Personal Information] You must strictly comply with the requirements of laws relating to network security and data protection, including the principle that any information collected, used and shared in the course of your shop operations involving personal information of Peaceful Mall platform users must be lawful, appropriate and necessary, and must not violate the provisions of relevant laws and agreements between you and your users, including: without other authorization from the user, you shall use your order information and other necessary transaction-related information only for the purpose of satisfying your purchase of goods or services and completing after-sales service as agreed in the Peaceful Mall Privacy Policy; you are prohibited from using the user's information without the user's express consent or beyond the scope of the user's authorisation or from illegally providing the user's personal information to others, etc. If the information you submit to the platform involves, for instance, sensitive personal information of the legal representative of the enterprise, you guarantee that you have obtained the explicit consent of the relevant personal information subject, and that the relevant purpose of use and behaviour are in accordance with your own wishes and the requirements of relevant laws.
3.6.7 [Personal Information Security] You shall take the necessary technical measures to safeguard data security, and in the event that information security risks occur or may occur, you shall take remedial measures immediately, promptly inform the user, and report to the relevant competent authorities in accordance with the regulations.
3.6.8 [Trade Restrictions] You should pay attention to and strictly comply with import and export controls, trade restrictions, and economic sanctions that may affect your trading behaviour to avoid losses to both you or the buyer and ensure that you comply with all import and export related legal and regulatory restrictions that apply to software, technology and services related to the platform. In order to maintain the order and security of transactions on the Peaceful Mall platform, Peaceful Mall may take the initiative to take down products and close orders in the event of any breach of the foregoing commitments.
3.6.9 [Subject Information] The Peaceful Mall Merchant Service Provider may change under this Agreement as Peaceful Mall adjusts its business, and the changed Peaceful Mall Merchant Service Provider will perform this Agreement with you and provide the Services to you, and any change in the Peaceful Mall Merchant Service Provider will not affect your rights under this Agreement. Other Peaceful Mall Merchant Service Providers may also be added as a result of the provision of new Merchant Services, and if you use the additional Merchant Services, you agree that the additional Peaceful Mall Merchant Service Provider will perform this Agreement with you. In the event of a dispute, you may determine the subject of your performance and the parties to the dispute based on the specific services you use and the specific parties whose conduct affects your rights and interests.
IV. Fees
4.1 Peaceful Mall has incurred significant costs in providing the Services to you and the Services provided to you by Peaceful Mall are currently free of charge, except for those services for which Peaceful Mall expressly charges. If Peaceful Mall charges you a reasonable fee in the future, Peaceful Mall will take reasonable steps to ensure that you are given full choice by going through the statutory process and notifying you in advance and in the manner set out in clause 8 of this Agreement in a sufficiently reasonable period of time.
V. Limitation of Liability
5.1 [Force Majeure and Third Party Causes] Peaceful Mall will perform its underlying security obligations in accordance with the law, but Peaceful Mall will not be liable for any impediments to performance, defects in performance, delays in performance, or changes in performance resulting from:
(a) force majeure factors such as natural disasters, strikes, riots, war, governmental acts, judicial, and administrative orders;
(b) due to public service factors such as power supply failure, communication network failure, or third party factors;
(c) factors such as routine or emergency equipment and system maintenance, equipment and system failure, network information and data security, where Peaceful Mall has exercised good faith management.
5.2 [Massive Information] Given the massive amount of information available at Peaceful Mall and the separation of information from physical objects in an information network environment, Peaceful Mall is not required to conduct prior review of all merchant and buyer transactions and other matters relating to transactions, except as expressly provided by law, provided that if notified by a third party such as a consumer, regulator or rights holder Peaceful Mall or Peaceful Mall's comprehensive analysis of big data on merchandise, transactions, or shops reveals that a merchant, product, or information has a product quality problem, intellectual property infringement, transaction fraud, or other illegal/inappropriate behaviour that may violate relevant laws and regulations and this Agreement, you acknowledge that Peaceful Mall's general public perception standards based on Peaceful Mall may, depending on the circumstances, issue a notice to the merchant asking for or requesting correction of the content, or directly remove the relevant information, take restrictive measures against the shop or stop the service. Peaceful Mall shall be exempt from any such judgmental action unless Peaceful Mall is intentionally or grossly negligent.
5.3 [Mediation Decisions] You understand and agree that Peaceful Mall's customer service is not a professional in the dispute mediation service and can only make judgements on the evidence submitted by users and/or merchants based on general knowledge. Accordingly, except in cases of intent or gross negligence, the dispute resolution decision is exempt from liability.
VI. Breach of Contract and Resolution
6.1 Breach of contract
You shall be deemed to be in breach of contract if any of the following circumstances occur:
(a) Violation of relevant laws and regulations when using Peaceful Mall Merchant Services;
(b) Violation of this Agreement;
In order to adapt to the development of e-commerce and to meet the needs of a large number of users for efficient and quality services, you understand and agree that Peaceful Mall may agree on the procedures and criteria for determining breach of contract in the relevant Peaceful Mall rules. For instance, Peaceful Mall may determine whether you are in breach of contract based on your user data in relation to the mass user data; you are obliged to provide sufficient evidence and reasonable explanation for any anomalies in your data, otherwise you will be deemed to be in breach of contract.
6.2 Non-compliance Measures
[Information] If you published information on Peaceful Mall that constitutes a breach of contract, Peaceful Mall may immediately remove or block the information or take down or monitor your products according to the relevant rules.
[Restrictions on Conduct] If your conduct on Peaceful Mall, or conduct not carried out on Peaceful Mall but which has an impact on Peaceful Mall and its users, constitutes a breach of contract, Peaceful Mall may deduct points from your account, restrict your participation in marketing activities, suspend the provision of some or all services to you, deduct default fees, and take other measures. If your actions constitute a fundamental breach of contract, Peaceful Mall may seize your account and terminate the services provided to you.
Peaceful Mall may publicise on Peaceful Mall the information on the measures taken to deal with your breach of contract as described above, as well as other information on violations of the law confirmed by legal documents in force by the state administrative or judicial authorities.
6.3 Liability
If your conduct causes Peaceful Mall and/or its affiliates to suffer damage, you shall be liable under this Agreement to indemnify Peaceful Mall and/or its affiliates for losses (if any) suffered as a result of your conduct, including:
(a) reasonable attorneys' fees paid, litigation costs, and expenses necessary to mitigate the impact;
(b) fines, liquidated damages or compensation for external expenses incurred as a result of administrative penalties, judicial decisions, mediation within the scope of statutory standards, etc;
(c) loss of goodwill, loss of reasonably expected benefits (e.g. loss of consumers, reduced expenditure, reduced frequency of consumption, and reduced income of shop operators), the exact amount of which may be calculated on the basis of relevant estimation criteria derived from independent and reasonable analysis by third parties, reasonable analysis by Peaceful Mall based on big data and other reasonable methods of calculating gains and losses;
(d) other losses suffered as a result.
If your actions expose Peaceful Mall and/or its affiliates to the claims of third parties, Peaceful Mall and/or its affiliates may recover from you for all damages after incurring obligations such as monetary payments to third parties.
If the amount paid by you is not sufficient to cover such damages, Peaceful Mall and/or its affiliates may set off your interest in Peaceful Mall and/or its affiliates' other agreements directly and may continue to recover.
6.4 Special Agreements
[Bribery] If you provide benefits in kind, cash, cash equivalents, labour, travel, etc. to employees or consultants of Peaceful Mall and/or its affiliates that are clearly of a value beyond the scope of normal business negotiations, you may be considered to have engaged in commercial bribery. In such cases, Peaceful Mall may immediately terminate all cooperation with you and charge you with liquidated damages and/or compensation based on the economic loss and loss of goodwill suffered by Peaceful Mall as a result of your bribery.
[Affiliate Handling] In the event that Peaceful Mall terminates this Agreement due to a serious contravention by you, Peaceful Mall and/or its affiliates may take steps to suspend or even terminate cooperation with you under other agreements for the purpose of maintaining order on the platform and protecting the rights and interests of consumers, and notify you in the manner agreed in Article 8 of this Agreement. If any other agreement between Peaceful Mall and you and any agreement between Peaceful Mall and/or its affiliated companies and you expressly provides for the processing of your cooperation under this Agreement, Peaceful Mall may suspend or even terminate the Agreement when instructed to do so for the purpose of maintaining order on the Platform and protecting the rights and interests of consumers, and will notify you in the manner set out in Article 8 of this Agreement.
VII. Amendments to the Agreement
Peaceful Mall may amend this Agreement from time to time in accordance with changes in national or provincial laws and regulations and the need to maintain orderly transactions and protect the rights and interests of consumers, and will notify you of such changes (hereinafter referred to as "Changes") through the legal process and in the manner agreed to in Article 8 of this Agreement. Amendments to this Agreement, when effective, will constitute a supplement to the rights and obligations of you and Peaceful Mall and will become part of this Agreement.
If you do not agree with the changes, you have the right to contact Peaceful Mall with your feedback prior to the effective date of the determination of the changes. If the feedback is accepted, Peaceful Mall will adjust the Changes at its discretion.
If you do not agree to the changes that have taken effect, you shall cease using the Peaceful Mall Merchant Services on the effective date of the changes and the changes shall have no effect on you; if you continue to use the Peaceful Mall Merchant Services after the changes have taken effect, you shall be deemed to have agreed to the changes that have taken effect.
VIII. Notices
8.1 Valid contact details
When you register as a Peaceful Mall Merchant and accept the Peaceful Mall Merchant Services, you should provide Peaceful Mall with authentic and valid contact details (including your email address, contact telephone number, contact address, etc.) and you are obliged to update the relevant information promptly and keep it available for contact in the event of a change in contact details.
The member account generated when you register as a user of the Peaceful Mall platform for the purpose of logging into the Peaceful Mall platform to receive inboxes and system messages will also serve as your valid contact information. Peaceful Mall may serve notices to you on one or more of these contact details, and the content of such notices may materially affect your rights and obligations, so it is important that you pay attention to them promptly.
8.2 Service of Notices
Peaceful Mall will give you notices by means of the contact details set out above, of which written notices given electronically, including but not limited to announcements in Peaceful Mall, mobile phone text messages to the contact number you have provided, emails to the email address you have provided, and system messages to your account, will be deemed to be served upon successful delivery. A written notice sent in paper form shall be deemed to have been served on the fifth natural day after delivery at the contact address provided.
For any disputes arising from trading activities on Peaceful Mall, you agree that you may be served with legal documents (including but not limited to litigation documents) by the judicial authorities (including but not limited to the court) via modern means of communication such as SMS, email, or by post. The mobile phone number or email address you specify to receive legal documents is the mobile phone number and email address you provided when you registered and updated with Peaceful Mall, and service of legal documents is deemed to be made by the judicial authorities by sending them to the above contact details. The mailing address you specify is your legal contact address or a valid contact address provided by you.
You agree that the Judiciary may use one or more of the above methods of service to serve you with legal documents and that the time of service of legal documents by the Judiciary shall be the first to be served by the above methods of service.
You agree that the above methods of service shall apply to all stages of the judicial process. Where proceedings are in progress, including but not limited to first instance, second instance, retrial, enforcement and supervisory proceedings.
You are obliged to ensure that the contact details provided are accurate, valid, and up to date. If the legal documents cannot be served or are not served in a timely manner due to incorrect contact details provided, or if the changed contact details are not communicated in a timely manner, you shall bear the legal consequences that may arise therefrom.
IX. Termination of the Agreement
9.1 Circumstances of Termination
[Merchant-initiated Termination] You have the right to terminate this Agreement in any of the following ways:
(a) if you cancel your account within the web platform when the conditions for account cancellation are met;
(b) if you cease to use your account prior to the effective date of the change and expressly do not wish to accept the change;
(c) you expressly do not wish to continue using the merchant services and meet Peaceful Mall's termination conditions.
[Termination initiated by Peaceful Mall] Peaceful Mall may terminate this Agreement by notifying you in the manner set out in Article 8 of this Agreement if:
(a) you violated this Agreement and Peaceful Mall terminates this Agreement pursuant to the breach clause;
(b) if you steal another user’s account, publish prohibited information, defraud others, sell counterfeits, disrupt the market order, or take improper means to make profits, Peaceful Mall seizes your account in accordance with the Peaceful Mall Rules;
(c) in addition to the above, if Peaceful Mall seizes your account in accordance with the Peaceful Mall rules because you have repeatedly violated the relevant provisions of the Peaceful Mall rules and the circumstances are severe;
(d) any other circumstances that warrant termination of the Services. 9.2 Handling Upon Termination of Agreement
[Disclosure of User Information] Upon termination of this Agreement, Peaceful Mall shall have no obligation to disclose any information in your account to you or any third party you designate, except as expressly provided by law.
[Peaceful Mall's Rights] Upon termination of this Agreement, Peaceful Mall shall continue to have the following rights:
(a) to continue to retain your information as listed in clause 3.6 of this Agreement;
(b) Peaceful Mall may still hold you responsible for any past breaches of this Agreement. After the termination of this Agreement, Peaceful Mall may notify the counterparty and decide whether to close such orders at the counterparty's discretion; if the counterparty requests continued performance, you shall continue to perform the Agreement and the orders in respect of such orders and bear any losses or increased costs arising therefrom.
X. Application of law, Jurisdiction, and Other
[Applicable Law] The national and provincial laws of Canada shall govern the formation, validity, interpretation, amendment, supplementation, termination, enforcement, and dispute resolution of this Agreement, and in the absence of such laws, refer to commercial and/or industry conventions.
[Jurisdiction] Disputes arising out of and relating to your use of the Service shall be resolved by negotiation between Peaceful Mall and you. In the event that negotiation fails, either party may file a lawsuit with the local court of competent jurisdiction where the defendant is located.
[Severability] If any provision of this Agreement is deemed to be invalid, void or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions of this Agreement.
XI. Annexes
Annex I: Statement of commitment to integrity
In order to build an honest and transparent online consumer environment, maintain a fair and standardized online business order, and promote the healthy and sustainable development of the e-commerce ecosystem, this shop (I) hereby promise to the general public and Peaceful Mall as follows:
(a) not to participate in, join or form any transaction credit speculation organization (the transaction credit includes product sales, reviews, DSR scores, etc.);
(b) not to engage in any trading credit speculation, and to ensure that the content of each transaction and trading credit is authentic and credible, without any fictitious or speculative behaviour;
(c) not to publish, disseminate, or promote any illegal information about trading credit speculation and actively report such illegal information;
(d) actively accept the supervision of the general public and Peaceful Mall and strictly abide by and actively maintain the rules of Peaceful Mall's trading credit system;
(e) if our shop violates the rules of the Peaceful Mall trading credit system, we are willing to accept the corresponding measures of Peaceful Mall and bear the related responsibilities arising from it.
We solemnly promise that we will always abide by the above promises, refrain from any form of trading credit speculation, strictly abide by national/provincial laws and regulations and the relevant provisions of Peaceful Mall, and conduct our business activities in good faith, fairly, and in a standardized manner.
Annex II: Dangerous Goods Compliance Pledge
This shop is expressly aware of the following: According to the “Canada Consumer Product Safety Act,” dangerous goods are defined as firearms, ammunition, explosive substances, highly toxic chemicals, explosive chemicals and other dangerous chemicals, radioactive substances, nuclear materials, control devices, and other items that can endanger the safety of persons and property. Peaceful Mall has established corresponding prohibition rules to prohibit members from posting information and trading the above-mentioned dangerous goods on the Peaceful Mall platform.
The shop solemnly undertakes the following: to strictly comply with the provisions of laws, regulations and policy documents such as the “Anti-Terrorism Act”, the “Critical Cyber Systems Protection Act (CCSPA)”, the “Competition Act”, the “Firearms Act”, the “Explosives Act and Regulations”, the “Hazardous Products Regulations”, the “Canada Consumer Product Safety Act,” the “Transportation of Dangerous Goods Regulations”, etc., and to ensure that the following safety responsibilities are fulfilled:
(a) comply wth the provisions of the current national and provincial laws, regulations and policy documents relating to safety management and the management of dangerous goods, and actively cooperate with the safety supervision and enforcement inspection activities carried out by the relevant regulatory authorities;
(b) comply with the relevant rules on the Peaceful Mall platform regarding the prohibition of the sale of dangerous goods, actively carry out self-inspection of product information, do not publish, disseminate or trade the above-mentioned dangerous goods, and cooperate with the management of product information and transactions of dangerous goods on the Peaceful Mall platform in accordance with the rules;
(c) in the process of publishing information and trading, you will not make false claims to circumvent the relevant regulatory authorities and the Peaceful Mall platform's management of dangerous goods;
(d) if the goods sold are not dangerous goods but can be used to manufacture and use dangerous goods or can be used for illegal purposes, we will not introduce the methods of manufacture and use of the dangerous goods concerned or their illegal use. If the buyer is suspected of committing a crime during the transaction, the transaction will be terminated immediately and the relevant clues will be reported to the relevant regulatory authorities. This shop is aware of the above obligations and makes a commitment to safety responsibility. If I do not fulfil the above legal obligations and responsibility commitments, resulting in the occurrence of illegal and criminal activities or other damage consequences, I will bear the corresponding legal responsibility in accordance with the law.